Temporary Restraining Orders – More Than Just Paper?

Twenty-two year old Sophia Ortiz obtained a temporary restraining order issued to protect her from the father of her children Julio Martinez. The couple’s two young children are only ages one and two. After the restraining order was issued, Martinez blatantly disobeyed it by appearing at Ortiz’s apartment twice. Each time Ortiz called the local police and by the time they arrived Martinez had fled the scene. The police continued to search for Martinez while he made his way back to the apartment and succeeded in breaking in.

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According to authorities, upon entry into the apartment, Martinez brutally murdered Ortiz in the presence of his two children. When the police arrived back at the apartment, they discovered Ortiz in the bedroom with a carving knife still in her back; she died during surgery early the next day. The children were physically unharmed and Martinez was apprehended. He is currently being held on one million dollars bail.

Many are outraged by the lack of protection provided to Ortiz by the judicial process, especially the temporary restraining order (TRO). Unfortunately approximately 11% homicides committed throughout the United States between 1979 and 2002 were attributable to domestic violence. Considering this statistic, it is estimated that 3,300 children lose a parent every year to domestic violence related homicides in the United States. However, it is important to note that the TRO was never served on Martinez. Any relationship involving domestic violence can be dangerous for both parties at all times, particularly when the victim attempts to end the relationship and leave his or her abuser. A TRO can provide the victim with the power to have his or her abuser arrested if they violate the stipulations of the order.

In San Diego, an estimated one out of every four children, like Ortiz’s children, is directly exposed to domestic violence either has a victim or a witness. Regardless of whether a child is physically abused, domestic violence will have an enormous impact in many other areas of his or her life. According to the American Psychiatric Association, children merely exposed to domestic violence are at risk for a variety of developmental problems, difficulty in school, aggressive behavior problems, psychiatric disorders, and low self-confidence. In addition to behavioral, developmental, and social consequences to children, children who witness domestic violence may have a resulting impaired educational attainment.

Studies also link witnessing domestic violence with unhealthy drinking habits for the children in the future. Excessive drinking and drug abuse may lead to future perpetration of domestic violence. Martinez had been convicted of various drug charges in the past and it is not uncommon for an abuser to be intoxicated at the time of most offenses.

Any situation involving domestic violence is dangerous. Please contact us if you have questions regarding the effects of domestic violence on child custody or divorce. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.